Copyright Amendment Act 2026
No. 29, 2026
An Act to amend the Copyright Act 1968, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Orphan works
Copyright Act 1968
Schedule 2—Remote learning
Copyright Act 1968
Schedule 3—Other measures
Part 1—Appointments
Copyright Act 1968
Part 2—Archives
Copyright Act 1968
Part 3—Notifiable instruments
Copyright Act 1968
Part 4—Duration of Crown copyright
Copyright Act 1968
Copyright Amendment Act 2026
No. 29, 2026
An Act to amend the Copyright Act 1968, and for related purposes
[Assented to 1 April 2026]
The Parliament of Australia enacts:
1 Short title
This Act is the Copyright Amendment Act 2026.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 2 April 2026 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Orphan works
Copyright Act 1968
1A Subsection 10(1) (definition of licensed copying or communicating)
Omit “subsection 113Q(2)”, substitute “subsections 113Q(2) and (2A)”.
1B After subsection 113Q(2)
Insert:
Copying and communicating works when owner cannot be found
(2A) However, copying or communicating mentioned in subsection 113P(1) or (2) is not licensed copying or communicating if it is covered by a notice under subsection 116AAE(6) given in relation to, or in connection with, the educational institution.
Note: Under Division 2AAA of Part V, remedies available for infringement of copyright may be limited where the owner of works could not be found before use. Section 116AAE sets out conditions that must be satisfied for this to occur.
(2B) If the copying or communicating is covered by a notice under subsection 116AAE(6), a copy of that notice must be given:
(a) in the circumstances (if any) specified in a determination under subsection (2C); and
(b) to a person or body (if any) specified in a determination under subsection (2C); and
(c) in accordance with the requirements (if any) specified in a determination under subsection (2C).
(2C) The Minister may, by legislative instrument, specify:
(a) circumstances for the purposes of paragraph (2B)(a); and
(b) one or more persons or bodies for the purposes of paragraph (2B)(b); and
(c) requirements for the purposes of paragraph (2B)(c).
(2D) To avoid doubt, a failure to comply with subsection (2B) does not affect subsection (2A).
When remuneration notice applies
1 After Division 2 of Part V
Insert:
Division 2AAA—Limitation on remedies when owner cannot be found
116AAB Purpose of this Division
(1) The purpose of this Division is to limit the remedies that may be available for infringement of copyright where the copyright owner or owners could not be identified and located at the time of the infringing use.
(2) Other than as provided in sections 116AAD and 116AAF, this Division does not limit the operation of any other provision of this Act.
116AAC Definitions
In this Division:
continuing use has the meaning given by subsection 116AAF(8).
infringing use means use that constitutes an infringement of copyright in copyright material.
use includes the doing of an act.
116AAD Limitation on remedies
When this section applies
(1) This section applies in relation to an action for infringement of copyright if the conditions in section 116AAE are satisfied.
Limitation on remedies
(2) Subject to subsection (3), a court must not grant relief against the defendant in respect of the infringing use that consists of:
(a) damages or an account of profits; or
(b) additional damages; or
(c) other monetary relief.
Court may order reasonable payment
(3) The court may order the defendant to make reasonable payment to the copyright owner or owners in respect of the infringing use.
(4) However, subsection (3) does not apply if:
(a) the use was solely for private and domestic use; and
(b) either:
(i) the defendant promptly ceased use of the copyright material; or
(ii) the defendant and copyright owner or owners have entered into an agreement for the continuing use of the copyright material.
Burden of proof
(5) The burden of proving that the conditions in section 116AAE are satisfied is on the defendant.
116AAE Conditions
(1) This section sets out the conditions for the purposes of subsection 116AAD(1).
Condition—Reasonably diligent search
(2) A reasonably diligent search for the owner or owners of copyright in the copyright material was conducted.
Note: See further subsection (8).
Condition—Timing of the search
(3) The search was conducted within a reasonable period before the infringing use.
Note: See further subsection (8).
Condition—Record of search
(4) A record of the search was maintained for a reasonable period.
Note: See further subsection (10).
Condition—Owner or owners not identifiable and locatable
(5) At the time of the infringing use, the defendant could not identify and locate the owner or owners of the copyright.
Condition—Notice
(6) Notice was given in relation to the infringing use, stating that:
(a) the owner or owners of the copyright could not be identified and located; and
(b) the notice is being given for the purposes of this Division.
Note: A notice under this subsection also has effect for the purposes of subsection 113Q(2A) (which is about when copying or communicating by educational institutions is not licensed).
(7) The notice was given in a clear and reasonably prominent manner. For the purposes of this subsection, a notice is taken to be reasonably prominent if it complies with the requirements (if any) determined under subsection (12).
Matters to be taken into account regarding search
(8) For the purposes of determining whether a condition mentioned in subsection (2) or (3) is satisfied, the following matters may be taken into account:
(a) the nature of the copyright material;
(b) the nature, purpose and character of the infringing use;
(c) whether the owner or owners of the copyright are likely to be located in a foreign country;
(d) the actual or likely impact of the infringing use on the copyright owner or owners;
(e) the way the search was conducted;
(f) any relevant industry guidelines;
(g) any matters determined by the Minister under subsection (13).
(9) The matters mentioned in subsection (8) do not limit the matters that may be taken into account.
Matters to be taken into account regarding record of search
(10) For the purposes of determining whether the condition mentioned in subsection (4) is satisfied, the following matters may be taken into account:
(a) the duration of the infringing use;
(b) when the infringing use ceased;
(c) any matters determined by the Minister under subsection (14).
(11) The matters mentioned in subsection (10) do not limit the matters that may be taken into account.
Minister may determine notice requirements
(12) The Minister may, by legislative instrument, determine requirements for the purposes of subsection (7).
Minister may determine matters regarding search
(13) The Minister may, by legislative instrument, determine matters that may be taken into account for the purposes of paragraph (8)(g).
Minister may determine matters regarding record of search
(14) The Minister may, by legislative instrument, determine matters that may be taken into account for the purposes of paragraph (10)(c).
116AAF Agreements and court orders for continuing use
When this section applies
(1) This section applies if section 116AAD applies, or has previously applied, in an action for infringement of copyright in copyright material.
Agreed terms
(2) The defendant to the action and the owner or owners of the copyright may agree to terms for the continuing use of the copyright material by the defendant.
Court orders
(3) If agreement cannot be reached, the defendant or the owner or owners of the copyright may apply to the court for an order under subsection (4).
(4) The court may make an order:
(a) fixing reasonable terms for the continuing use of the copyright material by the defendant; or
(b) granting an injunction in such terms as the court considers appropriate.
(5) For the purposes of paragraph (4)(a), the court must take into account the following matters in determining what constitutes reasonable terms for the continuing use:
(a) the nature of the copyright material;
(b) the nature, purpose and character of the continuing use by the defendant;
(c) the actual or likely impact of the continuing use on the copyright owner or owners;
(d) whether there was a break between the infringing use that was the subject of the action and the continuing use;
(e) any costs incurred by the defendant in connection with the continuing use.
(6) The matters mentioned in subsection (5) do not limit the matters that may be taken into account.
Copyright not infringed
(7) Copyright in the copyright material is not infringed where:
(a) terms for the continuing use of the copyright material are agreed or fixed under subsection (2) or (4); and
(b) those terms are complied with.
Definitions
(8) In this section, continuing use of copyright material is use by the defendant that continues beyond the infringing use that was the subject of an action for infringement of copyright mentioned in subsection (1).
116AAG Compensation for acquisition of property
(1) If:
(a) apart from this section, the operation of this Division would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
2 Application provision
Division 2AAA of Part V of the Copyright Act 1968, as inserted by this Schedule, applies in relation to use that occurs, or begins to occur, on or after the commencement of this item.
Schedule 2—Remote learning
Copyright Act 1968
1 Paragraph 28(1)(a)
Omit “in the presence of”, substitute “to”.
2 Paragraph 28(1)(b)
After “teacher”, insert “or other person”.
3 Subsection 28(1)
Omit “otherwise” (second occurring).
4 Subsection 28(1)
After “the place where”, insert “or for which”.
5 Subsection 28(2)
Omit “at”, substitute “for”.
6 Subsection 28(3)
After “place where”, insert “or for which”.
7 Subsection 28(3)
After “instruction at”, insert “or from”.
8 At the end of subsection 28(3)
Add:
Note: A parent or guardian of a student receiving instruction is taken to be taking part in the instruction in some circumstances: see subsection (8).
9 Paragraph 28(6)(a)
Omit “in the presence of”, substitute “by”.
10 Subparagraph 28(6)(a)(i)
After “teacher”, insert “or other person”.
11 Paragraph 28(6)(b)
Omit “otherwise”.
12 Paragraph 28(6)(b)
After “place where”, insert “or for which”.
13 Paragraph 28(7)(a)
Omit “in the presence of”, substitute “by”.
14 Subparagraph 28(7)(a)(i)
After “teacher”, insert “or other person”.
15 Paragraph 28(7)(b)
Omit “otherwise”.
16 Paragraph 28(7)(b)
After “place where”, insert “or for which”.
17 At the end of section 28
Add:
(8) Without limiting this section, a person is taken to be taking part in educational instruction for the purposes of this section if the person is assisting or otherwise supporting:
(a) a teacher or other person giving the instruction; or
(b) a student receiving the instruction.
(9) This section applies to educational instruction conducted:
(a) in person; or
(b) using technology that allows a person to take part in all or part of the educational instruction without being physically present; or
(c) using a combination of the methods mentioned in paragraphs (a) and (b).
(10) Despite subsection (9), this section applies to a person taking part in educational instruction using technology of the kind referred to in paragraph (9)(b) only if the person so takes part at the same time, or at substantially the same time, as the educational instruction is given.
18 Compensation for acquisition of property
(1) If:
(a) apart from this item, the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
Schedule 3—Other measures
Part 1—Appointments
Copyright Act 1968
1 Section 142
Omit “Governor‑General”, substitute “Minister”.
2 At the end of section 142
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
3 Subsections 170(2) and (4)
Omit “the Minister”, substitute “the Chief Executive Officer and Principal Registrar of the Federal Court of Australia”.
4 Subsection 170(5)
Omit “The Minister”, substitute “The Chief Executive Officer and Principal Registrar of the Federal Court of Australia”.
5 Transitional provision—appointment of acting President of the Copyright Tribunal
(1) This item applies to an appointment that was:
(a) made by the Governor‑General under section 142 of the Copyright Act 1968; and
(b) in force immediately before the commencement of this item.
(2) The Copyright Act 1968 as amended by this Part has effect, after the commencement of this item, as if the appointment had been made by the Minister under that section (as amended by this Part).
6 Transitional provision—instrument of appointment of the Registrar of the Copyright Tribunal
(1) This item applies to an instrument of appointment of the Registrar of the Copyright Tribunal that was:
(a) made by the Minister under subsection 170(2) of the Copyright Act 1968; and
(b) in force immediately before the commencement of this item.
(2) The instrument has effect after the commencement of this item as if it had been made under that subsection (as amended by this Part) by the Chief Executive Officer and Principal Registrar of the Federal Court of Australia.
Part 2—Archives
Copyright Act 1968
7 Subsection 10(1) (subparagraphs (a)(ii) to (iv) of the definition of archives)
Repeal the subparagraphs, substitute:
(ii) the State Records Authority NSW established by the State Records Act 1998 (NSW); or
(iii) the Museums of History NSW established by the Museums of History NSW Act 2022 (NSW); or
(iv) the Public Record Office established by the Public Records Act 1973 (Vic.); or
(v) the Queensland State Archives established by the Public Records Act 2023 (Qld); or
(vi) the State Records Office established by the State Records Act 2000 (WA); or
(vii) the office of State Records established by the State Records Act 1997 (SA); or
(viii) the Archives Office of Tasmania established by the Archives Act 1983 (Tas.); or
(ix) the Northern Territory Archives Service established under the Information Act 2002 (NT); or
Part 3—Notifiable instruments
Copyright Act 1968
8 Paragraph 135ZZT(1A)(a)
Omit “by notice in the Gazette”, substitute “by notifiable instrument”.
9 Subsection 135ZZT(1B)
Repeal the subsection.
10 Paragraph 135ZZU(2)(a)
Omit “by notice in the Gazette”, substitute “by notifiable instrument”.
11 Section 135ZZX
Omit “by notice in the Gazette”, substitute “by notifiable instrument”.
12 Paragraph 135ZZZO(2)(a)
Omit “by notice published in the Gazette”, substitute “by notifiable instrument”.
13 Subsection 135ZZZO(3)
Repeal the subsection.
14 Paragraph 135ZZZP(2)(a)
Omit “by notice published in the Gazette”, substitute “by notifiable instrument”.
15 Section 135ZZZT
Omit “by notice published in the Gazette”, substitute “by notifiable instrument”.
16 Paragraph 153F(4)(a)
Before “declare the applicant”, insert “by notifiable instrument,”.
17 Subsection 153F(8)
Repeal the subsection.
18 Paragraph 153G(4)(a)
Before “revoke the declaration”, insert “by notifiable instrument,”.
19 Subsection 153G(7)
Repeal the subsection.
20 Subsection 153J(1)
After “the Tribunal must”, insert “, by notifiable instrument,”.
21 Subsection 153J(3)
After “the Tribunal must”, insert “, by notifiable instrument,”.
22 Subsection 153J(5)
Repeal the subsection.
23 Paragraph 153P(4)(a)
Before “declare the applicant”, insert “by notifiable instrument,”.
24 Subsection 153P(5)
Repeal the subsection.
25 Paragraph 153Q(4)(a)
Before “revoke the declaration”, insert “by notifiable instrument,”.
26 Subsection 153Q(5)
Repeal the subsection, substitute:
(5) If the Tribunal revokes the declaration of the collecting society, the revocation must specify the day on which it takes effect.
27 Paragraph 153U(4)(a)
Before “declare the applicant”, insert “by notifiable instrument,”.
28 Subsection 153U(5)
Repeal the subsection.
29 Paragraph 153V(4)(a)
Before “revoke the declaration”, insert “by notifiable instrument,”.
30 Subsection 153V(5)
Repeal the subsection, substitute:
(5) If the Tribunal revokes the declaration of the collecting society, the revocation must specify the day on which it takes effect.
31 Application provision—declarations and appointments
(1) The amendments of section 135ZZT of the Copyright Act 1968 made by this Part apply in relation to a declaration made after the commencement of this item.
(2) The amendment of section 135ZZU of the Copyright Act 1968 made by this Part applies in relation to a revocation that happens after the commencement of this item.
(3) The amendment of section 135ZZX of the Copyright Act 1968 made by this Part applies in relation to an appointment made after the commencement of this item.
(4) The amendments of section 135ZZZO of the Copyright Act 1968 made by this Part apply in relation to a declaration made after the commencement of this item.
(5) The amendment of section 135ZZZP of the Copyright Act 1968 made by this Part applies in relation to a revocation that happens after the commencement of this item.
(6) The amendment of section 135ZZZT of the Copyright Act 1968 made by this Part applies in relation to an appointment made after the commencement of this item.
(7) The amendments of section 153F of the Copyright Act 1968 made by this Part apply in relation to a declaration made after the commencement of this item.
(8) The amendments of section 153G of the Copyright Act 1968 made by this Part apply in relation to a revocation that happens after the commencement of this item.
(9) The amendments of section 153J of the Copyright Act 1968 made by this Part apply in relation to an amendment or revocation that happens after the commencement of this item.
(10) The amendments of section 153P of the Copyright Act 1968 made by this Part apply in relation to a declaration made after the commencement of this item.
(11) The amendments of section 153Q of the Copyright Act 1968 made by this Part apply in relation to a revocation that happens after the commencement of this item.
(12) The amendments of section 153U of the Copyright Act 1968 made by this Part apply in relation to a declaration made after the commencement of this item.
(13) The amendments of section 153V of the Copyright Act 1968 made by this Part apply in relation to a revocation that happens after the commencement of this item.
Part 4—Duration of Crown copyright
Copyright Act 1968
32 Before subsection 33(1)
Insert:
(1A) This section has effect subject to Part VII.
33 Before subsection 93(1)
Insert:
(1A) This section has effect subject to Part VII.
34 Section 96 (after the heading)
Insert:
(1) This section has effect subject to Part VII.
35 Section 96
Before “Copyright”, insert “(2)”.
36 Subparagraphs 180(b)(a) and (b)
Repeal the subparagraphs, substitute:
(i) is, or was, the owner by virtue of this Part; or
(ii) would, but for an agreement to which section 179 applies, be the owner by virtue of this Part;
37 Application provision—Crown copyright
The amendments made by this Part apply in relation to copyright material made before, on or after the commencement of this item.
38 Compensation for acquisition of property
(1) If:
(a) apart from this item, the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
[Minister’s second reading speech made in—
House of Representatives on 5 November 2025
Senate on 5 February 2026]
(98/25)